When someone creates a will, people often assume that their wishes will be immediately fulfilled after their death. This is simply not the case. In Louisiana, distributing the deceased’s property is a complicated legal process. First, it requires an executor. This is the person responsible for managing the decedent’s estate. They must take care of any leftover bills and debts, then they distribute property to the appropriate recipients.
An executor can be appointed by the court, or they can be named in the deceased’s will. If you are the executor of an estate, you cannot simply give property to the recipients. You must first go through succession. Succession is the process where property is officially transferred from the estate to its new owner.
The Succession Process
Before you can receive or give away property, you must validate the will. By filing a Petition to Probate a Will, you are asking the court to verify a few details. They must establish that the person has indeed passed. Then, they must authenticate the will.
After this step, you must file a Petition for Possession. This will transfer the property from the estate to the recipient of the property. If there is a lot of property or many recipients, it may be necessary to file multiple forms, one for each person or piece of property. Once this petition clears the court, ownership goes to the new party.
Speak to a Lawyer
As you can see, an executor’s job is detailed and requires much responsibility. Filing several papers and petitions takes a lot of work. The smallest mistake can halt the process, requiring you to start over. A skilled lawyer can help guide you through the process. They know the legal requirements, and they know how to keep the process moving smoothly. They can go over your paperwork and help you catalogue everything to distribute. As the executor, you have final say over what happens to the estate, but with a legal professional working by your side, everything can move along with less interruption.
If you need help with succession, call our firm today. We can give you a free consultation and help evaluate your situation. Our number is (800) 835-5864, and you can contact us online.